Hon'ble Vedpal, J.
This petition has been filed by petitioner Udai Bhan Maurya for quashing FIR relating to Case Crime No. 581 of 2009 under Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police Station Haiderganj, district Faizabad.
At the very outset, learned Additional Government Advocate informed the court that on an earlier occasion too, petitioner Udai Bhan Maurya had preferred Writ Petition No. 1009 (MB) of 2010 with the same prayer and he has concealed said fact inasmuch as averments have been made in the writ petition that this is the first petition which has been filed by petitioner Udai Bhan Maurya and he has not filed any other petition on the same facts and circumstances with respect to the same cause of action in this court ,either at Allahabad or at Lucknow, and this is the first petition.
We sent for the record of Writ Petition No. 1009 (MB) of 2010 from the office of the Court which is before us. Learned Additional Government Advocate has also placed before the Court copy of petition relating to Writ Petition No. 1009 (MB) of 2010.
On a perusal of the record of Writ Petition No. 1009 (MB) of 2009 it is evident that petitioner Udai Bhan Maurya had preferred aforesaid Writ Petition through Sri Ashok Pandey, Advocate. There is overwriting in the case crime number of Writ Petition No. 1009 (MB) of 2010 inasmuch as the case crime number has been made to read as Case Crime No. 581 of 2009 under Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police Station Haiderganj, district Faizabad by applying whitener in the petition on the last digit of case crime number. From the record of the Additional Government Advocate, it is evident that in place of Case Crime No. 582, it is overwritten and made to read as case crime no. "581" of 2009 under Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police Station Haiderganj, district Faizabad. Copy of the FIR, which has been annexed as 2 Annexure-1 to aforesaid Writ Petition No. 2009 (MB) of 2010 which has been sought to be quashed, mentions Case Crime No. 581 of 2009 under Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police Station Haiderganj, district Faizabad. Writ Petition No. 1009 (MB) of 2010 was registered on 20.11.2009 which, as it is borne out from the record, was dismissed on 11.02.2010 by a Division Bench consisting of Hon'ble Imtiyaz Murtaza and Hon'ble Shabihul Hasnain, JJ.
From the record of both the writ petitions, i.e Writ Petition No.1009 (MB) of 2010 as well as the present Writ Petition, it is evident that in both the writ petitions, the same petitioner and deponent has sworn-in the affidavit with the name, parentage and address as mentioned below:
"Udai Bhan Maurya, aged about 50 years son of Uadu Nath, resident of Nasratpur, police station Tarun, district Faizabad."
Thus, the petitioner has concealed material fact and has approached this court with unclean hands and has tried to play fraud.
In view of our above observations, we dismiss the writ petition at the admission stage itself with costs of Rs. 20,000/- (Rupees twenty thousand only) which shall be deposited by the petitioner in the cash section of this Court within one month. If the petitioner fails to deposit the same within the stipulated time, District Magistrate, Faizabad is directed to recover the same from the petitioner as arrears of land revenue within the next one month. The amount so deposited or recovered shall be deposited in the funds of the Mediation and Conciliation Centre of this Court.
Dated : 30.06.2010 anb